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Dubuque Fire Equipment Grants of Easement for Storm Sewer and Electrical Utilities Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Roosevelt Street Extension Storm Sewer and Electrical Utility Easements Project Acceptance SUMMARY: City Manager recommending acceptance of Storm Sewer and Electrical Utility Easements from Dubuque Fire Equipment, Inc. for an existing storm sewer and electrical utility across property at 1170 Roosevelt Street Extension. RESOLUTION Accepting a Grant of Easement for storm sewer and electrical utility through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Storm Sewer and Electrical Utility City Manager Memo Easements-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation Location Map Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Storm Sewer and Electrical Utility Easements for Dubuque Fire Equipment Inc. Property at 1170 Roosevelt Street Extension in Dubuque DATE: May 27, 2016 City Engineer Gus Psihoyos recommends City Council acceptance of Storm Sewer and Electrical Utility Easements from Dubuque Fire Equipment Inc. for an existing storm sewer and electrical utility across property at 1170 Roosevelt Street Extension. The property owners, Dubuque Fire Equipment Inc., are planning to construct an addition to the existing building and expand an existing driveway at 1170 Roosevelt Street Extension. The property owner and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed site improvements over the existing storm sewer and electrical utility on the property. The terms in the Grants of Easement would prevent the property owner from building structures over the easements without the City's consent. Should the City have to remove any pavement or improvements during the repair or replacement of the storm sewer and electrical utility, the terms make the property owner responsible for all pavement and improvement replacement costs. The City of Dubuque will continue to own and maintain the storm sewer utility. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CtB OF Dubuque DuE AII•Nnefica City Masterpiece ars the Mississippi 11 111. 2012 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Storm Sewer and Electrical Utility Easements from Dubuque Fire Equipment Inc. Property at 1170 Roosevelt Street Extension in Dubuque DATE: May 17, 2016 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Storm Sewer and Electrical Utility Easements from Dubuque Fire Equipment Inc. for an existing storm sewer and electrical utility across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque. DISCUSSION The property owners are planning to construct an addition to the existing building and expand an existing driveway at their site on Roosevelt Street Extension. The owners, Dubuque Fire Equipment Inc., and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of the proposed site improvements over the existing storm sewer and electrical utility on the property. The terms in the Grants of Easement would prevent the property owner from building structures over the easements without the City's consent. Should the City have to remove any pavement or improvements during the repair or replacement of the storm sewer and electrical utility, the terms make the property owner responsible for all pavement and improvement replacement costs. The City of Dubuque will continue to own and maintain the storm sewer utility. RECOMMENDATION I recommend accepting the Grants of Easement for storm sewer and electrical utility through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, as shown on Exhibits on the attached Grants of Easement. ACTION TO BE TAKEN respectfully request accepting the Grants of Easement for storm sewer and electrical utility from Dubuque Fire Equipment Inc. by adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS cc: Denise Ihrig, Civil Engineer NAE LOCATION MAP DAGIS ELB000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 2530 . '� Lam• : +U � � �\ � 00 sr� Al ” 1170 APPROX. ,r Nk*,,2500 LOCATION OF EXISTING STORM . ,. & ELECTRICAL UTILITY EASEMENTS li 2460 2460 2460 Dubuque County Assessor, CitiL DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Inf—dtl on System DAGIS),wb IT"I'des data seated by hem me city of Map Prepared by: Dubuque and Dubuque County. It Is understood mat,while th city If D,b,q,eaid pa-ticipatl„g age—estilzed he City of Dubuque most—r',tandamuratetf,,,,ti,,available,DAGISand 1 inch = 100 feet Engineering Division Its suppliers do not warrant the a c..cy o,-Tency of the ifa�mati—o,data so[abed he— The city a'd paitlslpati,g 50 West 13th Street age-es shall got be held cable foi-ar,y dl�est,hdhect,Irsldeltal, Dubuque,Iowa 52001 masmgseatial,psaltroe,oi-special damages,whether fo�esmeable or -f—seeable,a�Ishg offs of me s th,�,ed o, ...tholIIsed ase of 100 50 0 100 Feet Phone:(563)589-4270 this data oi-the Inability to usre this data or out of any breach of wa—ty whatsoever S Fax:(563)589-4205 YI 11 11 11 11 11 11 11 11 11 Doc ID 008451610009 Type. GEN Kind: EASEMENT Recorded: 06/08/2016 at 01:16:05 PM Fee Amt: $47.00 Paqe 1 of 9 Dubuque County Iowa John Murphy Recorder F11e2016-00006964 Prepared by: Dan Dreessens P.E., Delta 3 Engineering Inc, 875 South Chestnut St, Platteville, WI 53818 (608) 348-5355 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR ELECTRICAL UTILITY EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Fire Equipment Inc. 1170 Roosevelt Street Extension Dubuque, IA 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Iowa. Said easement shall be over the same four (4') foot wide electrical utility easement area shown on Lot 4 of the Plat of Block 1 of the Riverfront Subdivision, File Number 3189-74 in the Office of the Dubuque County Recorder, attached hereto and labelled "Attachment A", for the purpose of accessing, constructing, re -constructing, and maintaining a storm sewer in accordance with the Plans and Specifications on file in the office of the City Engineer. Following any maintenance or repair of said electrical utility, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. Subsequent property owners, their successors, heirs and assigns bear the financial and other responsibility for replacement or repair of curbs, pavements, structures or any other improvements made by subsequent property owners over, on or within the easement area arising from the maintenance or repair of the electrical utility. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said electrical utility without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel or repair said electrical utility thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at , Iowa this 2i /7 day of , 2016. NOTARY PUBLIC STATE OF IOWA, KATIE WOLF i uG Commission Number 781518 .... My Commission Expires November 25, 2016 COUNTY OF Dubuque, SS: On this 7 day of , A.D., 2016 before me, the undersigned, a Notary Public in and for said Cnty, in said State, personally appeared Maggie Blaser to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. '1 otdryi u' Sic In and Ford State ATTACHEMENT A Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 201-16 ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1, RIVERFRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of site improvements over an existing storm sewer and electrical utility located in Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Storm Sewer and Electrical Utility through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of June, 2016. Attest: Kevin S.'Firnstahr, CIC ;'City Clerk Ric W. Jon , Mayor Pro -Tem STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 201-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of June, 2016. Kevin S. Firnstahl, fid, City Clerk Y 0 1110111 ive 1011 11 Doc ID 008451620010 Type GEN Kind: EASEMENT Recorded: 06/08/2016 at 01:16:26 PM Fee Amt: $52.00 Page 1 of 10 Dubuque County Iowa John Murphy Recorder F11e2016-00006965 Prepared by: Dan Dreessens P.E., Delta 3 Engineering Inc, 875 South Chestnut St, Platteville, WI 53818 (608) 348-5355 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR STORM SEWER EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Fire Equipment Inc. 1170 Roosevelt Street Extension Dubuque, IA 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Iowa. Said easement shall be over the same twenty foot wide 84 -inch storm sewer easement area shown on Lot 4 of the Plat of Block 1 of the Riverfront Subdivision, File Number 2087-74 in the Office of the Dubuque County Recorder, attached hereto and labelled "Attachment A", for the purpose of accessing, constructing, re -constructing, and maintaining a storm sewer in accordance with the Plans and Specifications on file in the office of the City Engineer. Following any maintenance or repair of said storm sewer, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. Subsequent property owners, their successors, heirs and assigns bear the financial and other responsibility for replacement or repair of curbs, pavements, structures or any other improvements made by subsequent property owners over, on or within the easement area arising from the maintenance or repair of the storm sewer. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said storm sewer without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel or repair said storm sewer thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at r , , Iowa this / 7 day of NOTARY PUBLIC STATE OF IOWA, COUNTY OF Dubuque, SS: KATIE WOLF Commission Number 781518 My Commission Expires November 25, 2016 On this 17 day of CAA, , A.D., 2016 before me, the undersigned, a Notary Public in and for said C& nty, in said State, personally appeared ;;Maggie Biased() me known to be the identical person(s) named in and who executea the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. 0) Notary! PubTc In and Fd,aid State ATTACHMENT A �,±9 YSB7 13)'i£ epi YIreddrelma winTEL3� � fY ki 9r } _� �£� ii•i a,yraid tYttrillg ''�� $i,Yxy� <-.:ldl%i= actin gt �T �s°� ri i si r0. _ ti _. -ash oki tI8 1 d1 Rtghtr•ot-6lay 41:4141) g- 0.16- :4-� F�1i:ildoioevoit. -Sx aeL . -.a1. if `tike' Pity- oil. >iubaliq a, TOM s in Sir y: OV -rijio�•.I! rrr a Made by ma or urid r ni• duly..gfig3>air"ered_ Lend Surveyor under the 1.4fay,' }Ina and. 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' r 3_ rr1 _qoV that dei:e AIi B t4O—$_. °hs+0�_s _, Iowa e - t se tihd: of 4V A. t 61 ...00 a itda `N taxes fad :016year' Vubuquol Iowa - 'he undersigned Allan IT. •Thackn,., t yor and Dubuque, Iowa, «o.liiprII*? certify theb-the rn2'* bi, division Hos 5 " in 'tflu : Olty ot; . Dubuggay . ..048 i#470 , has been : tilocl -&el bhe=',g4iiae- of tibs . MAO.; of tii ,,93t; . Raa01.0-0 t: 0:- .s ^ _ .;._:. • :the :iity 0ou4i`4: appz�ovod f:r _ _ �' :. Dubuque, .io this Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 201-16 ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1, RIVERFRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of site improvements over an existing storm sewer and electrical utility located in Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Storm Sewer and Electrical Utility through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of June, 2016. Attest: Kevin S.'Firnstahr,-CMC;7City Clerk Ric W. Jones, Mayor Pro -Tem STATE OF IOWA CERTIFICATE of t(e CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 201-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of June, 2016. Jam' KeviA-S. Firnstahl,—CIVICI, City Clerk